Business Disputes

Overview

Civil Litigation

Overview

Commercial disputes can be disruptive, costly, stressful, and have significant impacts on business operations. Zuckerman Spaeder LLP manages complex commercial disputes and civil litigation to better serve our clients’ business objectives. Our lawyers represent Fortune 500 companies, multinational corporations, partnerships, individuals, and other parties whose business disputes have led to litigation in federal or state courts, to arbitration before the American Arbitration Association or other groups, or to mediations sponsored by retired judges or other neutral parties.

Because we are experienced litigators and familiar with how businesses operate, we are skilled at developing strategies for resolving problems in a way that not only achieves the best possible legal result but also minimizes the disruption to our clients’ businesses. Familiarity with the intricacies of court rules and discovery techniques, the ability to try cases when necessary, and sensitivity to the costs of the litigation process enable us to represent our clients in a strategic yet effective manner.

Experience Highlights

In a matter concerning an insurance company’s obligation to advance legal fees under a professional liability policy it issues, Zuckerman Spaeder represented the hedge fund Level Global Investors LP (Level Global). The insurance firm, XL Specialty Insurance Company, sought to stop payments to Level Global and various of its employees after a former Level Global employee pleaded guilty to insider trading. We filed a motion for a preliminary injunction requiring the insurance firm to continue to advance legal costs for Level Global and the individuals under the policy. The court granted the motion after finding that allowing the insurance carrier to stop advancing costs presented an overwhelming risk of irreparable harm to the Level Global employees covered by the policy.

Official Committee of Unsecured Creditors in Tribune Bankruptcy

Represented the Official Committee of Unsecured Creditors of Tribune Company as special litigation counsel in the investigation of the $10 billion failed Tribune leveraged buyout (LBO) and the commencement and initial prosecution of three major lawsuits against major lenders for fraudulent conveyance; directors and officers, former Tribune shareholders, and others for breaches of fiduciary duty and fraudulent conveyance; and financial advisors to Tribune for malpractice.

Former Executive in Breach of Contract Matter

Represented the former partner of an investment firm in his lawsuit for breach of an agreement related to his economic participation in that firm. The jury awarded our client $1.1 million, and the trial court dismissed the defendant’s claim against our client.

Zoning Challenge to Waterfront Development Project

Represented the owner of a multi-use, waterfront development project in Baltimore’s Inner Harbor in a suit brought by adjacent property owners challenging the zoning legislation authorizing the development.

Soccer Team Owner in Zoning Challenge Involving Arena Advertising

Represented the owner of Baltimore’s major league indoor soccer team in a case involving a challenge to zoning legislation allowing the placement of general advertising signs on the façade of the city-owned 1st Mariner Arena to provide advertising revenue to the owner of the team comparable to advertising revenue provided to other major league teams in Baltimore. The case was litigated for more than seven years, including multiple appeals to the Maryland Court of Special Appeals and Court of Appeals, and resulted in the approval of the zoning legislation enacted by the mayor and the city council for the benefit of the owner of the soccer team.

Investors in Production and Ownership Dispute Over Documentary Series

The firm recently settled a sharply contested litigation matter in which we represented corporate and individual investors in a dispute over the production and ownership of a long-form television documentary series for broadcast on public television.

The firm represented a large retailer of wine and spirits in a successful federal antitrust challenge to Maryland wholesale price regulations in a case that involved four separate appeals to the U.S. Court of Appeals for the Fourth Circuit. We continue to counsel the client with respect to state and federal regulatory issues in Maryland and other states.

Summary Judgment in Complex Litigation Against National Cable ‎Television Firm

Obtained summary judgment in complex litigation against a national cable television firm brought by a minority owner of a large cable television franchise seeking millions of dollars for breach of contract, fraud, and other torts.

Defended Baltimore Institution in Action Brought By Software Provider

Represented a major Baltimore institution in defense of an action brought by a software provider asserting breach of contract, misappropriation of trade secrets, and other tort claims in connection with the client’s transition to other software.

Trade Secret and Related Claims Against Government Contractor

Prosecuted trade secret and related claims against a major government contractor replacing predecessor counsel after the complaint was dismissed, defeating a ‎motion to dismiss an amended complaint and developing critical evidence in discovery that led to a ‎favorable settlement. ‎

Multinational Technology Company in Copyright Infringement Case

Represented a multinational technology company in a copyright infringement action against a competitor for copying a source code in copyrighted software, achieving a favorable settlement with both permanent injunctive relief and the payment of damages.

International Pharmaceutical Company in Multimillion-Dollar Antitrust Action

We represent an international pharmaceutical company in a multimillion-dollar antitrust action against Abbott Laboratories for entering an anticompetitive patent settlement. The agreement allegedly restricts our client’s ability to partner with numerous large pharmaceutical companies to distribute and further develop an innovative heart medication in the billion-dollar a year fenofibrate market.

International Pharmaceutical Company in License Disputes

Successful representation of an international pharmaceutical company in numerous license disputes saving the client tens of millions of dollars.

Honors

Civil Litigation

Zuckerman Spaeder attorneys have extensive firsthand experience with the intricacies of accounting principles, finance, complex transactions, and corporate issues, so that we have a head start in understanding our clients’ problems. Our attorneys have represented both defendants and plaintiffs in a wide range of disputes with competitors, government regulators, and other parties. Our litigation experience includes matters involving allegations of antitrust violations, fraud, misrepresentation, and breach of fiduciary duty. We have also litigated whistleblower claims, class actions, and matters involving corporate governance issues, the change of corporate control, and the interpretation of complex corporate agreements and transactions.

We are equally at home in a myriad of contract, partnership, and financial controversies ranging from disputes over whether a multibillion-dollar leveraged buyout (LBO) transaction rendered a company insolvent to whether a settlement agreement resolving insurance coverage for billions of dollars of mass tort claims could be reopened when the liabilities proved to be much lower than expected. When companies have bankruptcy-related disputes, our substantial experience representing commercial debtors, creditors' committees, and litigation trusts positions us well to help you resolve those disputes.

Our civil litigation is national in scope, with our lawyers having brought and defended actions in federal and state courts across the country. Moreover, we are not restricted to the traditional courthouse environment; we also have extensive experience with the arbitration rules as the milieu often provides a superior, cost-effective forum for resolving controversies.

Experience

In a matter concerning an insurance company’s obligation to advance legal fees under a professional liability policy it issues, Zuckerman Spaeder represented the hedge fund Level Global Investors LP (Level Global). The insurance firm, XL Specialty Insurance Company, sought to stop payments to Level Global and various of its employees after a former Level Global employee pleaded guilty to insider trading. We filed a motion for a preliminary injunction requiring the insurance firm to continue to advance legal costs for Level Global and the individuals under the policy. The court granted the motion after finding that allowing the insurance carrier to stop advancing costs presented an overwhelming risk of irreparable harm to the Level Global employees covered by the policy.

Official Committee of Unsecured Creditors in Tribune Bankruptcy

Represented the Official Committee of Unsecured Creditors of Tribune Company as special litigation counsel in the investigation of the $10 billion failed Tribune leveraged buyout (LBO) and the commencement and initial prosecution of three major lawsuits against major lenders for fraudulent conveyance; directors and officers, former Tribune shareholders, and others for breaches of fiduciary duty and fraudulent conveyance; and financial advisors to Tribune for malpractice.

Former Executive in Breach of Contract Matter

Represented the former partner of an investment firm in his lawsuit for breach of an agreement related to his economic participation in that firm. The jury awarded our client $1.1 million, and the trial court dismissed the defendant’s claim against our client.

Zoning Challenge to Waterfront Development Project

Represented the owner of a multi-use, waterfront development project in Baltimore’s Inner Harbor in a suit brought by adjacent property owners challenging the zoning legislation authorizing the development.

Soccer Team Owner in Zoning Challenge Involving Arena Advertising

Represented the owner of Baltimore’s major league indoor soccer team in a case involving a challenge to zoning legislation allowing the placement of general advertising signs on the façade of the city-owned 1st Mariner Arena to provide advertising revenue to the owner of the team comparable to advertising revenue provided to other major league teams in Baltimore. The case was litigated for more than seven years, including multiple appeals to the Maryland Court of Special Appeals and Court of Appeals, and resulted in the approval of the zoning legislation enacted by the mayor and the city council for the benefit of the owner of the soccer team.

Investors in Production and Ownership Dispute Over Documentary Series

The firm recently settled a sharply contested litigation matter in which we represented corporate and individual investors in a dispute over the production and ownership of a long-form television documentary series for broadcast on public television.

The firm represented a large retailer of wine and spirits in a successful federal antitrust challenge to Maryland wholesale price regulations in a case that involved four separate appeals to the U.S. Court of Appeals for the Fourth Circuit. We continue to counsel the client with respect to state and federal regulatory issues in Maryland and other states.

Summary Judgment in Complex Litigation Against National Cable ‎Television Firm

Obtained summary judgment in complex litigation against a national cable television firm brought by a minority owner of a large cable television franchise seeking millions of dollars for breach of contract, fraud, and other torts.

Defended Baltimore Institution in Action Brought By Software Provider

Represented a major Baltimore institution in defense of an action brought by a software provider asserting breach of contract, misappropriation of trade secrets, and other tort claims in connection with the client’s transition to other software.

Trade Secret and Related Claims Against Government Contractor

Prosecuted trade secret and related claims against a major government contractor replacing predecessor counsel after the complaint was dismissed, defeating a ‎motion to dismiss an amended complaint and developing critical evidence in discovery that led to a ‎favorable settlement. ‎

Multinational Technology Company in Copyright Infringement Case

Represented a multinational technology company in a copyright infringement action against a competitor for copying a source code in copyrighted software, achieving a favorable settlement with both permanent injunctive relief and the payment of damages.

International Pharmaceutical Company in Multimillion-Dollar Antitrust Action

We represent an international pharmaceutical company in a multimillion-dollar antitrust action against Abbott Laboratories for entering an anticompetitive patent settlement. The agreement allegedly restricts our client’s ability to partner with numerous large pharmaceutical companies to distribute and further develop an innovative heart medication in the billion-dollar a year fenofibrate market.

International Pharmaceutical Company in License Disputes

Successful representation of an international pharmaceutical company in numerous license disputes saving the client tens of millions of dollars.